State v. Jenkins
2011 Ohio 6924
Ohio Ct. App.2011Background
- Jenkins was convicted in 2003 of burglary and two thefts and received five years of community control.
- In 2007 the trial court revoked community control and imposed a three-year prison term.
- In 2008 Jenkins was granted judicial release and placed on five years of community control under R.C. 2929.20(K).
- In December 2009 a warrant was issued alleging Jenkins violated community-control terms by failing to report after a Kentucky theft arrest.
- In August 2010 the trial court revoked Jenkins’ judicial release and sentenced him to three years in prison with credit for time.
- Jenkins argued that R.C. 2929.15(A)(1) and R.C. 2929.20(K) must be read together to cap total community-control time at five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should RCW 2929.15(A)(1) and RCW 2929.20(K) be read together? | Jenkins: total community-control time capped at five years when combined. | Court: statutes are independent; each five-year cap applies separately. | Statutes are independent; do not combine to five-year total. |
Key Cases Cited
- State v. Lowe, 112 Ohio St.3d 507 (2007-Ohio-606) (statutory interpretation when language is unambiguous)
- State ex rel. Steffen v. Court of Appeals, 126 Ohio St.3d 405 (2010-Ohio-2430) (forbids adding nonexistent provisions to statutes)
- State v. Sufronko, 105 Ohio App.3d 504 (1995) (de novo review in interpreting statutes)